POSH Act 2013- FAQs

Article explains How does the POSH Act 2013 operate as workplaces shift online, What is the definition of sexual harassment, What is the definition of a workplace, What is the purpose of the Internal Committee, What options victim of harassment have, When victim is I allowed to file a complaint and an contains Overview of India’s Anti-Sexual Harassment Laws.

How does the POSH Act operate as workplaces shift online?

An Overview of India’s Anti-Sexual Harassment Laws

Bhunwari Devi began her career as a social worker in Rajasthan’s Women Development Program in 1992. She was on the job when she attempted to prevent a child marriage. A group of males from the dominant caste society who were present at the child marriage ceremony savagely gang-raped her. This occurrence was the subject of a case brought in the Supreme Court of India in 1997 (Vishaka against the State of Rajasthan and others).

The lack of a framework for dealing with sexual harassment in the workplace encountered by Indian women was recognised, and the Supreme Court issued some instructions that remained in force until a full statute regulating sexual harassment in the workplace was enacted. The “Vishaka Guidelines” featured a definition of sexual harassment, disciplinary sanctions for sexual harassment, and the establishment of a complaints committee to investigate sexual harassment accusations.

The POSH Act of 2013

In 2013, the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act (commonly known as the “POSH Act”) was passed. It is based on the Vishaka Guidelines and offers a process for dealing with workplace sexual harassment accusations.

The individual who can make a complaint under the POSH Act must be a woman; the POSH Act is not gender-neutral. An Internal Committee (previously known as the Internal Complaints Committee) should be established in any company with more than ten workers to handle sexual harassment complaints.

When a complaint is lodged, the Internal Committee (IC) will investigate the matter and provide recommendations to the employer on their findings of guilt or innocence, as well as the penalties.

What is the definition of sexual harassment?

Sexual harassment is defined under the POSH Act as specific activities such as making sexual approaches, demanding or soliciting sexual favours, exhibiting pornography, making sexually coloured remarks, sending sexually explicit texts, and any other unwelcome sexual behaviour in the workplace. It also involves implicit behaviours, such as refusing to participate in sexually improper behaviour in the face of threats that might jeopardise one’s job or create a hostile work environment.

Illustration: A sends improper sexually explicit forwards to their employee B. B does not respond and simply ignores it. Except for B, A invites the whole team to a transaction closing. When B inquires as to why they were not invited, A explains that the others had responded to the messages, but B had not.

What is the definition of a workplace?

The office’s brick and mortar walls aren’t the only thing that defines a workplace. It follows you everywhere you go in the course of your work. It includes commuting in office-provided vehicles, attending conferences and meetings, and seeing clients off-site. Zoom calls or other online team meetings are also included.

During a big Fairwell party hosted by the workplace, C makes improper and sexually coloured comments regarding D’s clothes. D is irritated and urges C to stop, but they do not comply. D is unsure if the online party qualifies as a “workplace” for reporting purposes. The activities of C will be regarded sexual harassment in the workplace because the party was held by D’s company, and D participated in the online party as a result of their job.

What is the purpose of the Internal Committee?

Under the POSH Act, the IC is a group of persons who investigate sexual harassment accusations and make recommendations to employers concerning the repercussions. The IC should have a minimum of four members, be led by a senior female employee, and include at least one external member.

All workers should be notified about the IC’s composition, including the chairperson’s and committee’s contact information, so that they know where to send their concerns or who to contact for clarification.

E has been the victim of sexual harassment at work and has filed a complaint. The IC was made up of two people: E’s boss and an HR employee from the same company. The POSH Act is violated by the formation of this IC.

I believe I was the victim of harassment. What options do I have?

If you have the opportunity to talk with the individual who performed the act, you can express your displeasure and request that they cease. If they don’t stop, or if it’s a serious act, or if the individual is someone you don’t want to approach, you can file a complaint with the IC.

Check to see whether your organisation has a policy in place to prevent sexual harassment. If they do, reading through it is an excellent place to start. The Internal Committee’s contact information will be included, as well as the email address or person to whom you may make a complaint.

If your employer does not have its own anti-sexual harassment policy but employs more than ten employees, contact the HR representative or your supervisor and inquire about how to register a complaint. If your firm employs fewer than 10 employees, your employer is not required to form an IC. You can file a complaint with the Local Committee (or LC), which is an institution that the government is expected to form at the district level. There is currently no clarification on how the LC works, and it appears to be a solution that exists only on paper and not in practice. There is no easily available information regarding the LC, its members, or its activities on the internet.

When Victim is allowed to file a complaint?

Within three months of the harassing incident, a complaint must be filed. If the IC believes the individual had a good basis for making the complaint later, it can be examined even after the three-month time has passed.